Legal updates and opinions
News / News
GDPR and domain names
By Janine Hollesen and Donvay Wegierski, Directors
On 25 May 2018 the EU’s General Data Protection Regulation (GDPR) came into effect which is applicable to anyone selling goods or providing services to those within the EU. Non-compliance with the GDPR could result in a fine of up to 4% of the company’s global revenues.
The implementation of the GDPR also affects domain names. Access to registrant particulars (on whois registries) have always been disclosed but now whois information is limited to registrar, dates of registration and name server information.
The concern is that the GDPR may have the accidental effect of protecting cyber squatters as tracing the registrant of an unauthorised domain name becomes more onerous, requiring assistance from domain name registries as opposed to finding the information previously available online. Domain name registration at the outset may prove to be the simplest defence. Trade mark registration also means that trade mark owners have priority when new top level domains are launched.
Trade mark owners should therefore ensure that their intellectual property strategy extends to the registration of the trade marks, company names and brands as domain names in relation to all top-level domain names of relevance.
Latest News
Business Rescue – SARS Liability Arises on the Transaction, Not the Assessment – The Henque Case
By Eric Levenstein - Director and Head of Insolvency & Business Rescue, Amy Mackechnie - Senior Associate and Kaymana Han [...]
What Does the Domestic Violence Act Say About Gaslighting?
By Dakalo Singo (Director, Head of Pro Bono Practice) The short answer: nothing! But that is not the end of [...]
Understanding Domestic Violence – Why it is difficult to leave an abusive relationship
By Dakalo Singo (Director, Head of Pro Bono Practice) Introduction People in abusive relationships are often asked: "Why don't you [...]
Blacklisting in South Africa – A Women’s Month Crash Course
By Naledi Motsiri (Director) and S'nenhlanhla Lushaba (Candidate Attorney) August, celebrated as Women’s Month in South Africa, is a time [...]
Access to Justice – Standing with Women Beyond Women’s Month
By Naledi Motsiri (Director) and Nothando Nyoni (Associate) As Women's Month draws to an end, it is worth reflecting on [...]
Do shareholders need any reasons whatsoever, to remove a director from the board of a company?
Author: Brendan Olivier, Director, Insolvency & Business Rescue In the recent decision of Weir v Wiehahn Formwork Solutions (Pty) Ltd [...]